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January 20: Proposed D/S, H-1B Classification Rules Withdrawn

Important News from Washington: The proposed changes to duration of status (D/S) and H-1B specialty occupation classification are no longer expected to be published or implemented. The Biden administration has issued a memorandum requiring all pending rules from the previous administration not yet published in the Federal Register to be withdrawn. Agencies are also asked to consider postponing regulations that were recently published.

The January 20 memorandum means a period of uncertainty about a new H-1B rule. On January 15, 2021, the Trump administration published a new H-1B wage regulation. While this rule is effective on March 15, the first impact on H-1B and PERM petitions is not scheduled to occur until July 1, 2021.

Under the Biden administration, the recently published rule will be reviewed. If the rule is ultimately allowed to go into effect, wage changes will be phased in between July and 2022. The new regulation could also be challenged in court. We will update you as we hear more.